07-08-98 Council Minutes - Laserfiche WebLink

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MINUT~S CITY COUNCIL JULY 8, 1998 Scalze suggested that the definition of "abaudonment" should be contained in tl~e same letter. Fahey felt Nledia One would be hard-pressed to argue some other position if the letter is si~ned by an officer of the com~any. The City Attorney pointed out tliat he would prefer tliat Yhese clarifications are ties to the amendment procedure set forth in the fi~anchise agreement. The Attorney pointed out that Little Canada is an independent entity and has the right to have independent provisions in the Cable TV franchise agreement. Gibbs reported that the fi-ai~chise is not coi~tin~ent upon the adoption of ten identical franchises. However, Gibbs poi~~ted out th~it len~thy period of time it took to develo~~ment tl~e franchise document, aud was concerned about cities eacl~ airoendin~ two or ti~ree sections ofthe a~reement. Gibbs felt Media One was better wiYh a cominon docu~neut with a letter of understanding as to how the document is i~lterpreted. Fahey su~gested that the City Attorney capture the Council's thoughts in an lddendLnn thlt would be adopted in lddition to the franchise a;reement. Gibbs pointed out th~t Medi~ One could Yhen ~dopt both the franchise agreement and the addendum. The City Administrator suggested that tlie definiYion of abandonment refer to cable plant no lon~er being used for transmission and not be considered 1s "in use" if it is merely bein~ used to suspend fiber. Councii agreed. More(an as]<ed if the coaxial cable would be required throu~hout the life of the franchise. Gibbs replied that one oPChe three or four coaxial cables may not be used. However, pointed out that the three or fow~ strands are a bundle. Gibbs agreed tl~at if the coax w1s uot being used for transmission, it would be coi~sideretl as abancioned. GrifF~~ }~ointed ouY that tl~e fiber may have up to '128 fibers within it, and was concerned that the City would require removal of individual fibers if they were not being used for trausmission.